arbitration clause

Case BriefsHigh Courts

Bombay HC rejects argument that a dispute cannot be referred for arbitration on account of fraud: Read why

Bombay High Court: B.P. Colabawalla, J., addressed an arbitration application filed under Section 11 of the Arbitration and Conciliation Act, 1996. Instant

Case BriefsSupreme Court

Can an officer of the department, appointed as sole arbitrator, continue the arbitration proceedings after his retirement? SC answers

Supreme Court: The bench of MR Shah* and AS Bopanna, JJ has held that once an officer of the department is appointed

Op EdsOP. ED.

Scope of Interference under Article 226 of the Constitution of India in Contractual Matters – Need for Certainty in Jurisprudence

by Ashwini Chawla† and Aditya Pratap Singh Rathore††

Case BriefsSupreme Court

When can High Court entertain a writ petition, notwithstanding the availability of an alternative remedy? Supreme Court explains

“The availability of an alternative remedy does not prohibit the High Court from entertaining a writ petition in an appropriate case.”

Case BriefsHigh Courts

Delhi HC issues notice in a plea raising important issues concerning payment of rent by Cinema Halls during lockdown, doctrine of incorporation of arbitration clause, recourse in absence of force majeure clause

Delhi High Court: Sanjeev Narula, J., issued notice to the respondent in a petition filed under Section 9 [interim measures, etc. by

Case BriefsTribunals/Commissions/Regulatory Bodies

NCLAT | Is it open to NCLT, while deciding S. 9 IBC application, to pass an order directing parties to go for Arbitration? Appellate Commission explains NCLT’s jurisdiction in such cases

National Company Law Appellate Tribunal (NCLAT): The Division Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Dr Ashok Kumar Mishra (Technical

Case BriefsHigh Courts

Ori HC | Can an arbitration clause be invoked when there is an arbitration clause in the agreement but not registered or executed? HC decides

Orissa High Court: K. R. Mohapatra J., dismissed the appeal being devoid of merits.  The facts of the case are such that

Case BriefsSupreme Court

How to determine if an allegation of fraud falls under “Fraud Exception”to Arbitrability? SC elaborates

Supreme Court: The bench of RF Nariman and Navin Sinha, JJ has held that “serious allegations of fraud” as a ground for

Case BriefsHigh Courts

Bom HC | Salutary object of Arbitration & Conciliation Act cannot be defeated by adding a claim over and above the claim squarely covered by arbitration agreement

Bombay High Court: N.J. Jamadar, J., while disposing of an interim application filed by the defendants in a commercial division summary suit,

Hot Off The PressNews

SC to decide if Arbitration Clause in the principal contract be imported into subsequent contracts

Supreme Court: The bench of SA Bobde and SA Nazeer, JJ has issued notice to Pometon Spa, an Italian company involved in

Case BriefsHigh Courts

MP HC| Court has no jurisdiction under Article 226 of the Constitution of India if alternate remedies available

Madhya Pradesh High Court: Petitioner had filed this petition before a Bench of Subodh Abhyankar, J., under Article 226 of the Constitution

Case BriefsHigh Courts

Disputes arising out of an agreement containing arbitration clause, must be settled through arbitration

Karnataka High Court: A Single judge bench comprising of Dinesh Maheshwari, J. while hearing a petition praying for the appointment of an

Case BriefsForeign Courts

Stay on court proceedings in presence of an arbitration clause can be granted to either of the parties to arbitration only

Supreme Court of Singapore: A Single Judge Bench of Choo Han Teck, J., dismissed appeals filed against the order of the Assistant

Case BriefsHigh Courts

Change of ‘venue’ different from change of ‘seat’ of Arbitration; exercise of jurisdiction under Section 34 A&C Act declined for ‘seat’ being at London: Del HC

Delhi High Court: A Single Judge Bench comprising of Navin Chawla, J., declined to exercise jurisdiction in entertaining a petition filed under Section

Case BriefsHigh Courts

Arbitration clause non-assignable; held, does not devolve on company being separate entity from proprietorship firm: Delhi HC

Delhi High Court: A Single Judge Bench comprising of Pratibha M. Singh, J. allowed an appeal filed by the Government of NCT

Case BriefsHigh Courts

Termination of agreement does not automatically terminate the arbitration clause contained in such agreement

Karnataka High Court: A Single judge bench comprising of Dinesh Maheshwari, J. while hearing a civil writ petition for appointment of arbitrator

Case BriefsHigh Courts

Arbitration Clause held to survive even when Leave and Licence Agreement was mutually terminated

Bombay High Court: A Single Judge Bench comprising of Mridula Bhatkar, J. directed the trial court to refer the matter before it

Case BriefsTribunals/Commissions/Regulatory Bodies

Arbitration clause cannot be invoked during moratorium

National Company Law Appellate Tribunal: In the judgment delivered by S.J. Mukhopadhaya (Chairperson), A.I.S. Cheema (Judicial Member) and Balvinder Singh (Technical Member)

Case BriefsHigh Courts

Court can appoint Arbitrator under S. 11(6) of the A&C Act if those nominated by parties decline to act as such

Karnataka High Court: While passing the order in a petition filed under S. 11(5) of the Arbitration and Conciliation Act, 1996 praying